Historical Priors
This seems like a simple concept, but there are a couple of nuances that regularly cause problems for attorneys. Having one or more historical priors has an incredible impact on sentencing, so I’m always surprised when lawyers don’t know how it works. Obviously, for a conviction to be an historical prior conviction, it must precede the conviction for the present offense. But what happens if the offense conduct of the so-called “prior” occurred after the conduct underlying the present offense? Interestingly, the type of offense involved in the “prior” is the determining factor. For the convictions listed in A.R.S. § 13-604(W)(2)(a) and (d), the only requirement with regard to ordering is that the conviction for the offense being used as an historical prior felony conviction precede the conviction from … Read entire article »
Filed under: Arizona Statutes
The Right to Counsel, Admin Per Se
If an officer has probable cause to believe you are in actual control of a motor vehicle while under the influence of drugs or alcohol, the law provides that you will lose your license for a year if you don’t submit to a chemical test. Personally, I find the whole concept offensive and wholly incompatible with the idea of a free society. However, one thing that makes it even worse is that the judge at your admin per se hearing (license suspension hearing) will only consider whether the officer had reasonable grounds to believe you violated a DUI statute, whether you were arrested, whether you refused or failed to complete an alcohol or drug test, and whether you were informed of the consequences of your refusal or failure. … Read entire article »
Filed under: Arizona Statutes, DUI, MVD Hearings
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